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Ladli Prasad Jaiswal vs Karnal Distillery Co., Ltd., & Ors on 17 December, 1962

55. The ld. Senior counsel for the plaintiff has then sought to make this connection by submitting that the defendant no.1 being a spiritual organization and Darshan Singh being its 'strong follower' the former had dominance and control over the latter. Though there is nothing whatsoever on record to remotely indicate anything to this effect, however, ld. Senior Counsel has sought to prove this by relying upon judgment of Rajasthan High 41 of 46 ::: Downloaded on - 21-03-2026 08:46:49 ::: RSA-1114-2025 Page 42 of 46 Court in Munna Kumari supra (which has further relied upon judgment of the Supreme Court in Subhash Chander (Supra), which has referred to judgment of the Supreme Court Ladli Prasad Jaiswal (Supra)) wherein it is held that "Generally speaking the relation of solicitor and client, trustee and cesti que trust, spiritual adviser and devotee, medical attendant and patient, parent and child are those in which such a presumption arises. Section 16(2) of the Contract Act shows that such a situation can arise wherever the donee stands in a fiduciary relationship to the donor or holds a real or apparent authority over him".
Supreme Court of India Cites 23 - Cited by 113 - J C Shah - Full Document
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